[Vanda]

Hi All,
New to the forum. Hope this is the right place to ask.
My court orders state that if,
"The parties live within 10 kilometres of each other" "the parties shall implement a school term arrangement whereby the children will spend 6 nights per fortnight in the fathers care, at times to be agreed."

My question is, is the "kilometres" measured in line of sight or in travelling kilometres in the eyes of the court? and where could I find the answer within the Victorian family law circuit resources?

Thanks

[admin]

(17-Mar-2019, 08:07 PM)Vanda Wrote: Hi All,
New to the forum. Hope this is the right place to ask.
My court orders state that if,
"The parties live within 10 kilometres of each other" "the parties shall implement a school term arrangement whereby the children will spend 6 nights per fortnight in the fathers care, at times to be agreed."

My question is, is the "kilometres" measured in line of sight or in travelling kilometres in the eyes of the court? and where could I find the answer within the Victorian family law circuit resources?

Thanks

This is a very good question.

Speaking as a non-lawyer, my experience in Court would have me looking into the actual intent of the Order.

But unfortunately, this only raises more questions.

I have tried to search all previous published family court and other related jurisdiction decisions, but I could not find anything even remotely related to this issue.

You might want to do your own search to see if you have better luck by going to: http://www.austlii.edu.au, and search against the family court and federal magistrates court.

Other than that, with your permission I would like to send your query to a number of family law specific law firms and ask for their comment.

Let me know if you are okay with that.

[Vanda]

(22-Mar-2019, 06:50 PM)admin Wrote:

(17-Mar-2019, 08:07 PM)Vanda Wrote: Hi All,
New to the forum. Hope this is the right place to ask.
My court orders state that if,
"The parties live within 10 kilometres of each other" "the parties shall implement a school term arrangement whereby the children will spend 6 nights per fortnight in the fathers care, at times to be agreed."

My question is, is the "kilometres" measured in line of sight or in travelling kilometres in the eyes of the court? and where could I find the answer within the Victorian family law circuit resources?

Thanks

This is a very good question.

Speaking as a non-lawyer, my experience in Court would have me looking into the actual intent of the Order.

But unfortunately, this only raises more questions.

I have tried to search all previous published family court and other related jurisdiction decisions, but I could not find anything even remotely related to this issue.

You might want to do your own search to see if you have better luck by going to: http://www.austlii.edu.au, and search against the family court and federal magistrates court.

Other than that, with your permission I would like to send your query to a number of family law specific law firms and ask for their comment.

Let me know if you are okay with that.

add you reply here...Yes. please throw the question out there. I have asked around but have yet to come up with a definitive answer. 
When looking at big cooperate companies (eg, telstra )as well as our public transport systen, they all work in 'zones' (line of site) though it would be great to see something in black and white instead of someones perception.

Regards

[timothynates]

When dealing with family law Tweed Heads you need to contact a good lawyer to protect yourself.